A wrongful death lawyer can handle many types of cases and recover various types of damages. These can reflect economic and non-economic losses. When filing a wrongful death claim, an attorney can seek a settlement for damages the victim suffered while still alive. They can also seek compensation to help others experiencing hardship due to a loved one’s death. Here’s an in-depth look at the damages a lawyer for wrongful death claims can recover.
- Medical and Healthcare Expenses
- Lost Wages and Benefits
- Loss of Benefits
- Loss of Services
- Funeral and Burial Expenses
- Pain and Suffering
- Punitive Damages
- Survival Action Damages
1. Medical and Healthcare Expenses
Spouses, family members, and beneficiaries can be compensated for the cost of emergency treatment, surgery, rehabilitation, and other medical expenses the decedent incurred before their death. Medical bills will be due regardless of the outcome of treatment. However, they are quantifiable costs that can be recouped if the victim’s injury and death were caused by someone else.
2. Lost Wages and Benefits
Economic damages can include the individual’s loss of income after they were injured but before they passed away. However, the compensation loved ones can receive is not limited to wages the deceased would have been paid. Plaintiffs may qualify for monetary awards equal to or similar to what the individual would have continued to earn if they survived. This means if they relied on the decedent for financial support, they could be compensated for the loss of future wages.
3. Loss of Benefits
In addition to lost income, family members can be compensated for the loss of the decedent’s health insurance, pension, and Social Security benefits. But income, earning capacity, and benefits aren’t the only factors. The deceased person’s age, education, work experience, skill set, life expectancy, and health before they were injured or killed are also considered.
Compensation for lost future income is often adjusted to account for wage growth, inflation, changes in cost of living, and other economic factors. And, if the decedent had a will or trust, relatives and beneficiaries entitled to an inheritance can be compensated accordingly.
4. Loss of Services
Spouses and dependents can be compensated for the loss of household services the decedent would have provided. If the deceased had a business, family members may receive financial awards equal to lost and expected future profits. Generally, compensation in a wrongful death case can cover any financial contributions the decedent would have made to beneficiaries over their working years.
5. Funeral and Burial Expenses
Funeral expenses can include the cost of a casket, embalming, viewing, burial, cremation, service fees, and more. They can easily exceed $10,000. Winning a wrongful death claim can mean being reimbursed for these expenses, which would not have been incurred if it weren’t for the defendant’s negligence or wrongful actions.
6. Pain and Suffering
Non-economic damages can also be sought by a wrongful death lawyer. Loved ones can receive financial awards on a decedent’s behalf for the mental anguish and emotional trauma they sustained due to the defendant’s negligence. The intangible losses suffered by the deceased and their family are often difficult to calculate. However, the following types of wrongful death damages can be sought in a case:
- Loss of guidance, care, and advice
- Loss of companionship, love, and society
- Loss of consortium
7. Punitive Damages
Punitive damages aren’t meant to compensate the plaintiff or their beneficiaries directly. They’re intended to deter the at-fault party and others from committing similar acts. Punitive damage awards can equal large sums of money if a defendant’s actions are particularly malicious, reckless, or egregious.
They don’t always apply to a wrongful death lawsuit. However, punitive damages may be in play if the defendant’s actions were grossly negligent, such as if they were drunk or texting while driving, or were intentional as in a murder or manslaughter case. A manufacturer that didn’t fix a known product defect can also face punitive damages.
8. Survival Action Damages
Since the deceased person can no longer recover compensation in a personal injury claim, family members or their estate must file legal action. They can bring a survival action against an at-fault party. This is different from a wrongful death claim but can entitle family members to recover compensation for damages the decedent could have pursued if they survived.
Who Can File a Wrongful Death Claim?
Family members are typically shocked, angry, and confused when they lose a loved one in an accident. Who can file a wrongful death claim depends on the case. The facts can determine the parties eligible to pursue compensation for damages. A wrongful death lawyer can provide an unbiased perspective of the matter (emotions can cloud judgment and decision-making) and determine if the following can pursue a wrongful death claim:
- Spouses
- Children
- Parents
- Immediate family members
- Domestic partners
- An estate representative
How Does a Wrongful Death Claim Differ from a Personal Injury Claim?
Personal injury lawsuits involve the injured plaintiff, who works directly with their attorney. A lawyer for a wrongful death case works with close relatives, dependents, and beneficiaries who lost a loved one due to someone else’s actions or negligence. In both instances, a settlement may be awarded out-of-court or via a trial.
Plaintiffs and their attorneys may seek compensation for costs incurred up until the time of death and for the future impact of the death. Wrongful death claims aren’t as common as personal injury lawsuits. The process can be confusing and not all legal professionals are familiar with the required paperwork and litigation.
In addition, a few variables must be considered, including the following:
- Statute of Limitations: In California, the deadline to bring legal action is two years from the date of the victim’s death.
- Liability: To file a wrongful death suit, you must know who to sue. A liable party can be a driver, parts manufacturer, doctor, seller of a defective product, or government agency, just to name a few.
- Jurisdiction: A wrongful death lawsuit must usually be filed in the municipality or county where the accident occurred. If a settlement can’t be agreed upon, the case will go to a local court.
A wrongful death lawyer also approaches a case based on the type of claim involved. The most common types of wrongful death claims include:
- Negligent Wrongful Death Claims: Most wrongful death claims are tied to negligence, whether they arise out of vehicular accidents, defective products, construction deaths, dog attacks, or failure to warn.
- Intentional Wrongful Death Claims: These are filed when an intentional act, such as a murder or assault, results in a victim’s death.
- Medical Malpractice Wrongful Death Claims: A surgical mistake or incorrect prescription can violate a doctor’s or other medical professional’s duty to avoid harming patients. A physician or hospital is liable for damages if they fall below a reasonable standard of care.
What Should I Look for In a Skilled Wrongful Death Lawyer?
An experienced wrongful death attorney should discuss the best way to approach your case. They should be sympathetic towards your family’s needs. Skilled lawyers also have many resources. Your attorney should have the resources to gather evidence, from obtaining the appropriate records to speaking to eyewitnesses. They must also be effective at settlement negotiation, handling paperwork, meeting deadlines, and, if necessary, litigating a case in court.
Contact The Law Offices of Jacob Emrani
Whether you have a wrongful death claim involving a car, bus, truck, bicycle, motorcycle, pedestrian, rideshare, defective product, or slip and fall accident, The Law Offices of Jacob Emrani can help. Our wrongful death lawyer gathers the evidence needed to prove wrongful death and the other party’s negligence or intent to harm. They also calculate the losses and what surviving spouses and other family members may be entitled to receive. For a free consultation with our wrongful death attorney, call (888) 952-2952.